Stockdale Underinsured Motorist Class Action Settlement

Frequently Asked Questions

1. WHY DID I GET THIS NOTICE?

   You are receiving this Notice because, according to Allstate’s records, you submitted a claim for UM or UIM benefits to one of the Allstate Companies which Allstate denied after January 23, 2015 by reason of the “household exclusion” in the Allstate Policy under which claim had been made. UM/UIM benefits are monies that are paid to compensate persons for injuries sustained in a motor vehicle accident caused by an uninsured motorist, i.e., a driver who has no insurance, or an underinsured motorist, i.e., a driver who does not have sufficient insurance to compensate you for your injuries. Based upon those records, you are a member of a settlement class that has been certified by the United States District Court for the Eastern District of Pennsylvania in a lawsuit brought by Plaintiff, Kayla Stockdale, unless you opt out. Please read this Notice carefully.

2. WHO IS INCLUDED IN THE CLASS?

   The Settlement Class consists of all Persons who submitted UM or UIM claims to any of the Allstate Companies which claims were denied after January 23, 2015 by reason of the “household exclusion” in the Allstate Policy under which claim had been made. Class Members include all such Persons where: (a) the named insured had not waived inter-policy stacking; (b) a claim was made for recovery of UM or UIM coverage under the policy; and (c) the claim for recovery of UM or UIM coverage was denied by any of the Allstate Companies by reason of the household exclusion after January 23, 2015. Excluded from the Class are: (a) Persons whose claims were asserted after January 23, 2019 by individual insureds, through their own counsel; (b) Persons who opt-out of the Settlement; and (c) persons employed by Allstate or any parent, subsidiary or affiliate.

3. TERMS OF THE SETTLEMENT

   If the Court grants final approval and there is a final non-appealable judgment and dismissal of this action with prejudice, Allstate has agreed to pay UM and UIM coverage benefits up to a total of $3,225,000.00, collectively, to members of the Settlement Class who do not opt out and whose claims are timely submitted and qualify for payment. The payment to any individual Class Member will not exceed the Policy Declaration Value for UM/UIM coverage on the Allstate policy in question. If you do not opt out of the Settlement, you will be considered a member of the Settlement Class and will be eligible to have your claim evaluated for the possible payment of settlement monies. If you opt out, you will not receive any settlement monies and will not be bound by the settlement, including the release of claims against the Allstate Companies.

   All Settlement Class Members who do not opt out will be eligible to submit specific information regarding the motor vehicle accident and the injuries sustained in it for evaluation by Allstate and the possible payment of UM or UIM monies. If you do not agree with Allstate’s evaluation or the amount of money which Allstate offers to pay you for your injuries, the claim will be assigned to a Special Master appointed by the Court to render a final determination.

   Settlement Class Members who timely opt out of the Settlement will not be bound by the Settlement and will not release any claims against the Allstate Companies. The Settlement Agreement provides that, under certain circumstances, the Settlement may be terminated. The specific details regarding these termination provisions can be reviewed in the Settlement Agreement on file with the Court and posted on this site.

4. HOW DO I CLAIM UM OR UIM MONIES?

   If you do not opt out of the settlement, you will be provided a Claim Form. You will be asked to sign that Claim Form and to submit it to Allstate and Class Counsel for a determination of whether your claim qualifies for payment and, if so, the amount of payment.

5. WHAT ABOUT ATTORNEYS’ FEES AND EXPENSES?

   If the Court approves the Settlement, counsel for the Settlement Class will apply to the Court for an award of attorneys’ fees, including costs and expenses. In the Settlement Agreement, Allstate agrees not to oppose a request for the Class Counsel for an award of attorneys’ fees in an amount not to exceed Seven Hundred and Fifty Thousand Dollars ($750,000.00) inclusive of attorneys’ fees, expenses and costs. Additionally, Allstate has agreed not to oppose an application for an incentive award to the Class Representative in the amount of Seven Thousand and Five Hundred Dollars ($7,500.00). These amounts are in addition to the Settlement Benefits that may be paid by Allstate under the Settlement Agreement and will not reduce the Settlement Benefits that may be paid to Settlement Class Members.

6. WHEN IS THE FAIRNESS HEARING

   Notice is hereby given that the Court has set a date for the Fairness Hearing on August 16, 2022 at 11:30 a.m., before the Honorable Wendy Beetlestone, in Courtroom No. 10-A, the United States District Court for the Eastern District of Pennsylvania, 601 Market St. , Philadelphia, PA 19106, for the purposes.

7. CAN I PARTICIPATE IN THE FAIRNESS HEARING?

   Anyone who objects to the Settlement, the Settlement Agreement, the application for attorneys’ fees, or other matters to be considered at the Fairness Hearing may appear and present such objections or to petition to intervene. In order to be permitted to do so, however, you must, on or before March 28, 2022:

   (a) File with the Court by mailing to the Clerk of Court, United States District Court for the Eastern District of Pennsylvania, 601 Market St., Room 2609, Philadelphia, PA 19106 your objection and notice to appear, together with a statement setting forth your petition to intervene or your objections, if any, to the matter to be considered and the basis for these objections, together with any documentation that you intend to rely upon at the Fairness Hearing; and

   (b) Serve copies of all such materials either by hand delivery or by first-class mail, postage pre-paid, upon the following counsel:

   Jonathan Shub, Esquire
   Shub Law Firm, LLC
   134 Kings Highway, 2nd Floor
   Haddonfield, NJ 08033

   Mark J. Levin, Esquire
   Ballard Spahr LLP
   1735 Market Street, 51st Floor
   Philadelphia, PA 19103

   Unless otherwise ordered by the Court on or before June 23, 2022, based upon an appropriate motion, the Fairness Hearing shall be conducted solely based upon your written petition to intervene or objections filed with the Court, as provided herein, and the argument of counsel.

   If you do not comply with the foregoing procedures and deadlines for submitting written petitions to intervene, objections and/or appearing at the Fairness Hearing, you may lose substantial legal rights, including but not limited to, the right to appear at the Fairness Hearing; the right to contest approval of the Settlement or the application for an award of attorneys’ fees and costs to Class Counsel; the right to contest approval of the application for an incentive award to the Class Representative; or the right to contest any other orders or judgments of the Court entered in connection with the Settlement. If the Court does not approve the Settlement, the Settlement Agreement will be null and void.

8. WHAT IF I DO NOT WANT TO BE PART OF THE SETTLEMENT?

   If you do not want to be a member of the Settlement Class and participate in the Settlement, then NO LATER THAN September 20, 2021, you must send a signed statement to that effect that includes your name, address, and telephone number. The signed statement must be sent to the following:

   Allstate UIM Settlement Administrator
   Attn: Opt-Outs & Exclusions
   P.O. Box 58220
   Philadelphia, PA 19102

   TO BE CONSIDERED TIMELY AND TO EFFECTIVELY OPT OUT OF THE SETTLEMENT CLASS, YOUR COMPLETED SIGNED STATEMENT ADVISING OF YOUR ELECTION TO OPT OUT MUST BY POST-MARKED NO LATER THAN September 20, 2021. IF IT IS NOT POSTMARKED BY THAT DATE, YOUR RIGHT TO OPT OUT WILL BE DEEMED WAIVED AND YOU WILL BE BOUND BY ALL ORDERS AND JUDGMENTS ENTERED IN CONNECTION WITH THE SETTLEMENT.

   If you choose to opt out of the Settlement Class, you will not be entitled to receive the benefits of the Settlement with Allstate, including any settlement payment. Your claims against Allstate will not be released and you will be free to separately pursue any claims you believe you have.

9. MAY I INSPECT THE SETTLEMENT AGREEMENT, PLEADINGS AND OTHER DOCUMENTS?

   The foregoing references to the pleadings, Settlement Agreement and other documents, and their respective contents are only summaries thereof. For further details with respect to the Settlement Agreement, the pleadings, the claims asserted in the Action, and the matters to be heard at the hearing, reference may be made to the complete files of this Action which may be examined at any time during regular office hours at the Clerk of Court, United States District Court for the Eastern District of Pennsylvania, 601 Market St., Room 2609, Philadelphia, PA 19106.

10. WHO CAN I CONTACT WITH QUESTIONS?

    If you have questions regarding this Notice of the Settlement in the Action generally, you can obtain additional information from the follow sources:

    Counsel for the Settlement Class:

    Scott B. Cooper
    Schmidt Kramer P.C.
    209 State Street
    Harrisburg, PA 17101
    Tel: 717-232-6300
    scooper@schmidtkramer.com

    James C. Haggerty
    Haggerty Goldberg
    Schleifer & Kupersmith
    1835 Market St Ste 2700
    Philadelphia, PA 19103
    Tel: 267-350-6633
    jhaggerty@hgsklawyers.com

    Jonathan Shub Shub Law Firm LLC
    134 Kings Highway, 2nd Fl
    Haddonfield, NJ 08033
    Tel: (856) 772-7200
    jshub@shublawyers.com

    You may also contact the Settlement Administrator by phone at (855) 245-8848, or email at info@Stockdale-UIM.com.

DO NOT CALL THE COURT OR ALLSTATE WITH QUESTIONS.